Opinion
2011-3170
10-07-2011
MICHAEL THOMAS JOHNSON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and DEPARTMENT OF STATE, Intervenor.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection
Board in case no. DC0752110323-I-1.
ON MOTION
ORDER
The Department of State moves without opposition to reform the official caption to designate the Merit Systems Protection Board as the respondent and to permit the Department of State to intervene,
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. The employing agency is designated as the respondent when the Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. The revised official caption is reflected above.
FOR THE COURT
Jan Horbaly
Clerk
cc: Michael Thomas Johnson
John S. Groat, Esq.
David Brooks, Esq.
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